The mark was first used in commerce in a different form other than that sought to be registered at least as early as 05/05/2004
The mark consists of a yellow with black outline animated mustard bottle with a face and arms holding a white fork and an orange hot dog with a tan bun, brown sauce, white onions and a yellow drizzle of mustard in a red background circle with an outer white circle featuring the black words "GRAND CONEY DINER" and black and blue outer circles.
The drawing is amended to appear as follows: PUBLISH NEW CUT In the statement, line 10, through line 11, is deleted, and NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CONEY DINER", APART FROM THE MARK AS SHOWN is inserted. In the statement, line 12, through line 13, is deleted, and THE COLOR(S) YELLOW, ORANGE, BROWN, WHITE, RED, BLUE AND BLACK IS/ARE CLAIMED AS A FEATURE OF THE MARK is inserted. In the statement, line 18, "24 HR" is deleted.
GRAND CONEY · DINER ·
GRAND CONEY · 24 HOUR DINER ·
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 05/05/2004
The color(s) black, blue, red, yellow, orange, brown and white is/are claimed as a feature of the mark.
"CONEY DINER"
Trademark: 85540661
